Pension increases
1) To calculate pensions according to the BEG:
The extent and the calculation of pensions according to the Federal German Restitution Law [BEG] are based on the legislative civil servant accident welfare (in the case of physical injury or ill health) or the legislative widow pensions (in the case of damage to life). Initially as a result, these pensions are determined by classifying the persecuted person in the comparable group of civil servants (general, middle, superior and higher civil service) based on their personal and economic situation.
As a consequence the starting point for calculation of a widow pension for the pension due to damage to life to the amount of 60 % of the accident settlement salary of a Federal German Civil Servant in a comparable group of civil servants who has died as a result of an accident with loss of life during service; in the case of physical injury or ill health the starting point is based on the medically determined debatement in ability to earn a livelihood due to persecution and the appropriated one hundred rate of a comparable income of a civil servant.
With due consideration to the individual personal and the given economic situation (more especially other income which exceeds the subsistence allowance as well as maintenance commitments) gives the individual from one hundred rate of the comparable civil servant income which is approved as pension benefit.
This so called one hundred rate pension reflects the legislative normal case; however, in practise today the so-called minimum pension is prevalent and in this case the legislative guaranteed minimum pension benefits are taken as a basis independent of the actual personal and economic situation.
2) Linear pension increases:
By linking the compensation pensions to the salaries of Federal German civil servants the appropriate general linear increases in the Federal German Restitution Law pensions are always made when the civil servant salary is adjusted. In earlier years this was regularly the case once a year; however, in recent years longer leading times have resulted due to tariff agreements made for public service. The linear pension increases are automatically made by the compensation authorities immediately after the issuing of the respective adjustment ordinances without any need for a spe-cial application to be made.
3) Individual pension increases:
Over and above this the pension can be determined individually should the personal and economic situation have changed and this has been taken as a basis to determine same.
This can be taken as the main basis for the application and this is the result of health damage compensation pensions in the case of the impairment to health becoming worse and this has been caused by persecution.
To be also considered in so far as this is a matter of a hundred rate pension is the deterioration of the general state of health or a change in the oth-erwise personal and economic situation more especially in the income situation which has been taken as a basis for predetermining the pension. However, in the case of minimum pensions this is not applicable because in this case the amount of pension is solely dependent on the amount of the diminution and the ability to earn a livelihood.
Also in the case of other types of pension redetermination of the pension is possible in the case of the change in the otherwise personal and economical situation in so far this is a matter of a hundred rate pension.
4) The application for an increase in pension:
The determination of a pension is based upon the application made as a general rule. This can be in the form of an informal letter to the compensation authorities. However, it must be submitted as originaland signedpersonally or by his empowered person with appended written declaration of powers of attorney. Furthermore, substantial details must be given in this respect to reveal this and to indicate the extent to which the decisive personal situa-tion has changed, for example, since when and to what extent has the infliction as a result of persecution become worse as well as details provided by the medical practi-tioner providing treatment and the course of said treatment. Furthermore, suitable evidence must be submitted, for example, income returns, birth certificates, medical appraisals to evidence the made valid change in the personal situation.
In such a procedure the claimant can be represented by a lawyer or an organisation for persecuted persons. However, applications can be made directly to the responsible compensation authorities or through the responsible German agency abroad.
The compensation authorities will then determine whether the conditions are given for the requested review of the pension. In the case of an application made because the situation has become worse this is generally made with reference to the treatment documents and medical examiner examination and assessment of the claimant.
This administration procedure is free of charge. However, the costs for taking the services of a person with powers of attorney cannot be reimbursed in the course of the administration procedure.
To simplify making application we have prepared an Application form for downloading from this Internet page. Should you wish to use this form please care-fully fill out complete, sign it and enclose the required evidence and please send all the original documents to the compensation authorities responsible for you.